[Amended 4-9-2012 ATM; 4-5-2014 ATM; 9-17-2018 FTM; 4-5-2025 ATM by Art. N]
A. 
The purposes of the Flood Plain District are to:
(1) 
Ensure public safety through reducing the threats to life and personal injury;
(2) 
Eliminate new hazards to emergency response officials;
(3) 
Prevent the occurrence of public emergencies resulting from loss of water quality, contamination, and pollution due to flooding;
(4) 
Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
(5) 
Eliminate costs associated with the response and cleanup of flooding conditions;
(6) 
Reduce damage to public and private property resulting from flooding waters;
(7) 
Minimize potential loss of life, destruction of property, and environmental damage resulting from storms, flooding, erosion, and relative sea-level rise.
B. 
Flood Plain District boundaries; definitions; base flood elevation and floodway data.
(1) 
District boundaries.
(a) 
The Flood Plain District is herein established as an overlay district. The Flood Plain Overlay District consists of the Federal Floodplain District. The Flood Plain District includes all special flood hazard areas within the Town of Rockport designated as Zone A, AE, AH, AO, or VE on the Essex County Flood Insurance Rate Map (FIRM), dated July 8, 2025, and issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program The exact boundaries of the district shall be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 8, 2025, as those documents were updated by FEMA.
(b) 
The FIRM, FIS booklet, and LOMR are incorporated herein by reference and are on file with the Town Clerk, Planning Board, and Director of Public Works. These maps indicate the 1%-chance regulatory floodplain. The exact boundaries of the district shall be defined by the 1%-chance base flood elevations shown on the Essex County FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 8, 2025.
(2) 
Definitions. The following definitions shall apply when using the Flood Plain Overlay District article:
500-YEAR FLOOD
Is a general and temporary condition of partial or complete inundation of two or more acres of normally dry land areas or of two or more properties that have a 0.2% annual chance of flooding and which are located outside of special flood hazard areas.
AREA OF SPECIAL FLOOD HAZARD
Land in a floodplain that is subject to a 1% or greater chance of flooding in any given year and which is designated on a FIRM as Zone A, AO, AH, AE, A99, VE, or V.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded in any given year.
COASTAL HIGH HAZARD AREA
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources and designated on a FIRM as Zone V or VE.
DEVELOPMENT
Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [44 CFR Part 59]
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The federal agency which administers the National Flood Insurance Program and provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
FLOOD or FLOODING
Is a general and temporary condition of partial or complete inundation of normally dry land areas or of two or more lots. This inundation can result from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source or from mudflow.
FLOOD BOUNDARY AND FLOODWAY MAP
Means an official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FIRM)
Is an official map of a community issued by the Federal Insurance Administrator, where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. [44 CFR Part 59]
FLOODPLAIN ADMINISTRATOR
In the Town of Rockport, the floodplain administrator shall be the Building Inspector.
FLOODWAY
Is the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]
FUNCTIONALLY DEPENDENT USE
Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [44 CFR Part 59; also Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE
Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [44 CFR Part 59]
HISTORIC STRUCTURE
Means any structure that is:
(a) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
[1] 
By an approved state program as determined by the Secretary of the Interior; or
[2] 
Directly by the Secretary of the Interior in states without approved programs. [44 CFR Part 59]
NEW CONSTRUCTION
Refers to structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]
RECREATIONAL VEHICLE
Means a vehicle which is:
(a) 
Built on a single chassis;
(b) 
Four hundred square feet or less when measured at the largest horizontal projection;
(c) 
Designed to be self-propelled or permanently towable by a light-duty truck; and
(d) 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [44 CFR Part 59]
REGULATORY FLOODWAY
See "floodway."
SPECIAL FLOOD HAZARD AREA
Is the land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]
START OF CONSTRUCTION
(a) 
Is the date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days of the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.
(b) 
Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
STRUCTURE
Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home. [44 CFR Part 59]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR (as amended by MA in 9th Edition BC).
SUBSTANTIAL REPAIR OF FOUNDATION
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile-, column- or pier-supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR (as amended by MA in 9th Edition BC).
VARIANCE
Means a grant of relief by a community from the terms of a floodplain management regulation. [44 CFR Part 59]
VIOLATION
Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3[1] is presumed to be in violation until such time as that documentation is provided. [44 CFR Part 59]
ZONE A
Is the 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state and location or other data.
ZONE AE
Is that portion of the 100-year floodplain where the base flood elevation has been determined. (Note that Zone AE replaces Zones A1-A-30 on maps created in and prior to 1987.)
ZONE AH AND ZONE AO
Is that portion of the 100-year floodplain with flood depths of one foot to three feet.
ZONE VE
Is the area or areas in Rockport that have been identified by a FEMA-conducted Flood Insurance Study as special flood hazard areas along a coast subject to inundation by a 100-year flood with additional hazards due to velocity (wave action) for which base flood elevations have been determined.
ZONE X
Are areas in Rockport identified by a FEMA-conducted Flood Insurance Study as those of moderate or minimal flood hazard. (Note that Zone X replaces Zones B and C on maps created in and prior to 1987.)
[1]
Editor's Note: See 44 CFR 60.3.
(3) 
Base flood elevation and floodway data.
(a) 
Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or two acres, whichever is the lesser, within unnumbered A Zones.
(b) 
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(4) 
Notification of watercourse alteration. In a riverine situation, the Building Inspector shall must[2] be notified and shall notify the following parties of any alteration or relocation of a watercourse:
(a) 
Adjacent communities, especially upstream and downstream;
(b) 
Bordering states, if affected;
(c) 
NFIP State Coordinator, Massachusetts Department of Conservation and Recreation;
(d) 
NFIP Program Specialist, Federal Emergency Management Agency, Region I.
[2]
Editor's Note: So in original.
(5) 
Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA-mapped special flood hazard areas, the Town will use its best efforts, within six months, to notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:
(a) 
NFIP State Coordinator, Massachusetts Department of Conservation and Recreation.
(b) 
NFIP Program Specialist, Federal Emergency Management Agency, Region I.
A. 
Floodway encroachment. In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
B. 
Unnumbered A Zones. In A Zones, in the absence of FEMA base flood elevation (BFE) data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.
C. 
AO and AH Zones drainage requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes to guide floodwaters around and away from proposed structures.
D. 
Subdivision proposals. All subdivision proposals and development proposals in the Flood Plain Overlay District shall be reviewed to assure that:
(1) 
Such proposals minimize flood damage;
(2) 
Public utilities and facilities are located and constructed so as to minimize flood damage;
(3) 
Adequate drainage is provided.
E. 
Recreational vehicles. In A, AE, AO and VE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway-ready.
F. 
Protection of dunes. Alteration of sand dunes is prohibited when the alteration would increase potential flood damage.
A. 
The Town of Rockport requires a permit for all proposed construction or other development in the Flood Plain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
B. 
Rockport's permit review process includes the requirement that the applicant obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Flood Plain Overlay District. The applicant must acquire all necessary permits and must demonstrate that all necessary permits have been acquired.
C. 
In order that the Building Inspector may determine that the above-mentioned conditions are met, for new construction of buildings, substantial improvements to or relocation of existing buildings, a site plan at a scale of one inch equals 10 feet, prepared by a registered land surveyor or registered professional civil engineer, shall be submitted in quadruplicate to the Building Inspector by the applicant. The site plan shall show at least the following:
(1) 
The locations, boundaries, and dimensions of each lot.
(2) 
Two-foot contours of the existing and proposed land structure.
(3) 
Location of existing and proposed structures, watercourses and drainage.
(4) 
Easements, means of access, drainage, and sewage disposal facilities.
(5) 
The area and location of existing or proposed leaching fields, if any.
(6) 
Show base flood elevation for the 100-year flood plain level as identified on the Flood Insurance Rate Map (FIRM) for Essex County, dated July 8, 2025.
D. 
The Building Inspector shall, within five days of receipt of said site plan, transmit one copy of said plan to the Planning Board, Board of Health and Conservation Commission. Said Boards and Commission may, at their discretion, investigate the case and report, in writing, their recommendation to the Building Inspector. The Building Inspector shall not take final action on such plans until it has received a report thereon from said Boards and Commission or until said Boards and Commission have allowed 20 days to elapse after receipt of such plan without a submission or report thereon.
A. 
Variances to Building Code floodplain standards.
(1) 
The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community's files.
(2) 
The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the Flood Plain Overlay District.
B. 
Variances to local zoning bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance in the Federal Floodplain District from this floodplain article must meet the requirements set out by state law and may only be granted if:
(1) 
Good and sufficient cause and exceptional nonfinancial hardship exist;
(2) 
The variance will not result in additional threats to public safety, extraordinary public expense, or fraud of the public; and
(3) 
The variance is the minimum action necessary to afford relief.
If any section, provision, or portion of this article is deemed to be unconstitutional or invalid by a court, the remainder of the article shall be effective.